If a prescription error took place, a customer needs to pay attention to these four elements to prove a pharmacist malpractice lawsuit:
- The pharmacist had a duty of care. All pharmacists have a duty of care to the people who have their prescriptions filled at a hospital, drug store, grocery store, clinic, or other pharmacy location. This duty of care also extends to the location where the pharmacist works.
- The pharmacist breached the duty of care. Pharmacists need to accurately fill prescriptions. If they make medication errors, such as giving the wrong directions, the wrong dose, another patient’s medication, or the wrong medication, they could be proven negligent and sued for a breach of duty of care.
- The breach caused harm, injury, or death. Oftentimes, the wrong medication or a prescription mistake can cause a patient injuries or death. If this occurs, a patient or patient’s family can sue the pharmacy for malpractice.
- Damages. When injury or death occurs from the pharmacist error, damages can be awarded if the case involves loss of earnings, disability, medical expenses, and pain and suffering. Sometimes punitive damages can be sought as well.
If those elements can be proven, then you most likely have a pharmacy malpractice suit. Because Texas pharmacy malpractice lawsuits are complicated, you need to contact an experienced pharmacy error lawyer at Kennedy Hodges at 888-526-7616 today to receive a free consultation and a free copy of our report How to Make Pharmacies Pay for Injuries Caused by Medication Errors.